GURBAX SINGH Vs. KULDIP SINGH

JUDGEMENT

(1.) THIS is a revision petition filed by landlord against the judgment of Rent Controller, Ludhiana dated 30-1-1989 whereby his application under Section 13 A of the East Punjab Urban Rent Restriction Act, 1949 (as amended by Act 2 of 1986) for ejectment of the respondent has been rejected.

(2.) THE case set out by the landlord in the rent petition is that the tenant/ respondent is a tenant in two rooms and common bath room, forming part of property No BXXV. 1141/1 situated at Sardar Nagar, Basti Jodhewal, Rohon Road, Ludhiana shown red in the site plan whtch were let out at a monthly rent of Rs 200/- seven years back. The petitioner at the time of filing the rent petition was posted at Chandigarh as Settlement Officer (Rehabilitation) Punjab and was to retire on 30-9-1988 Personal necessity was justified in the pleadings through his petition and factum of occupation of another house at Ludhiana was also admitted However, in view of size of family, ejectment of the respondent was sought on the ground of personal necessity.

(3.) THE respondent contested the petition, after getting necessary permission to contest the same and pleaded that the demised premises is a shop which was let out in October, 1978 and present petition was filed malafide to coerce him to increase the rent of Rs. 500/-- p. m. and that the petitioner does not require the premises bonafide and is having sufficient accommodation and it was also averred that the demised premises being shop had nothing to do with common bath. The shop is having shutters and as such cannot be used for residential purposes, hence provision of Section 13-A of the Act cannot be made applicable. He also gave details of premises in occupation of landlord/petitioner. The following issues were struck by the Id. Rent Controller. 1. Whether the demised premises were let out as 'shop' and as such provisions of Section 13 A of the East Punjab Urban Rent Restriction Act are not applicable, OPR; 2. Whether the petitioner does not own and possess suitable accommodation in the local area for his own occupation, OPA; and 3. Relief.